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72

Suppl-II

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CRM(M) 16/2026 CrlM(25/2026)

c/w

i)CRM(M) 763/2023 CrlM(1162/2025)

CrlM(1749/2023) CrlM(1750/2023)

ii)CRM(M) 764/2023

CrlM(1160/2025) CrlM(1751/2023)

iii)CRM(M) 17/2026 CrlM(26/2026).

TARIQ AHMAD DAR.

…Petitioner(s)

Through: Mr. M. Ayoub Bhat, Advocate.

VERSUS

MOHAMMAD ASHRAF NAJAR.

…Respondent(s)

Through: None.

CORAM:

HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

28.01.2026

01. The respondent,as a complainant, initiated criminal

proceedings against the petitioner by reference to

Section 138 of the Negotiable Instruments Act, 1881 on

FileNo. 1288/2023 before the Court of Chief Judicial

Magistrate, Shopian.

02. The subject matter of the said criminal complaint

comprised two cheque Nos. 518704 and 518706of the

year2023, each amounting to Rs. 15 lacs, aggregating

to Rs. 30 lacs, which suffered dishonor upon

presentation by the respondent leading to the filing of

the criminal complaint.

03. In addition to said two cheques, the petitioner had

also issued cheque Nos. 518704, 518706 and 518708

for amounts of Rs. 15 lacs, 15 lacs and 6

lacsrespectively.

04. For the dishonor of said three cheques as well, the

respondent initiated a criminal complaint on FileNo.

71/2023 before the Court of Chief Judicial Magistrate,

Shopian.

05. Both the aforesaid complaints came to be disposed of

videsame date order dated 10.10.2023 when a

compromise deed in both cases was presented,wherein

the petitioner agreed to discharge the liability in the

manner set out in the compromise deed.

06. By reckoning the presentation of the said

compromise deed as an admission of guilt by the

petitioner as an accused, the petitioner was convicted

by the Chief Judicial Magistrate, Shopian and

sentenced to two years’ imprisonment in each of the

aforesaid two cases. However, by recourse to Section

147 of the Negotiable Instruments Act, 1881 the

sentence was suspended for three months with a

further consequencesset out therein.

07. Aggrieved by said two orders of the same date, the

petitioner approached this Court by way of two

petitions-CRM(M) No. 763/2023 and 764/2023, both

of which are pending consideration before this Court.

This Court showed indulgence on the first date of

hearing by staying the operation of the impugned

orders, however, the said interim direction is stated to

have suffered non-renewal.

08. By reference to the aforesaid two orders, the Court of

Chief Judicial Magistrate, Shopian proceeded to pass

fresh orders dated 05.12.2025 in the execution

petitions on File Nos. 25/Execution of2025 and 26/

Execution of 2025 issuing warrants for levy of fine

against the petitioner and further directing the

Tehsildar, Shopian to submit a list of the petitioner’s

movable and immovable properties to be attached.

09. The petitioner is, thus,assailing the course of action

adopted by the Chief Judicial Magistrate, Shopian.

10. The present two petitions have accordingly been

tagged with the two petitions already pending before

this Court.

11. Issue notice to the respondent.

12. Petitioner to furnish registered postal cover within a

period of seven days whereupon notice to go to the

respondent.

13. In the meantime, the operation of the impugned

order shall remain stayed. This order is however

subject to objections from the other side.

14. List along with CRM(M) Nos. 763/2023 and

764/2023 on 1^st April, 2026.

(RAHUL BHARTI)

JUDGE

SRINAGAR

28.01.2026

Bisma Jan.